N.H. Code Admin. R. Env-Ws 386.18

Current through Register No. 25, June 20, 2024
Section Env-Ws 386.18 - Protection of the Purity of Canaan Street Lake and Its Watershed
(a) The purpose of this section is to protect the purity of the water of Canaan Street Lake which is the principal drinking water supply for the town of Canaan.
(b) This section shall apply within the Canaan Street Lake watershed above the outlet dam which is located at approximate latitude 43 40 '33", longitude 72 02'35", in the town of Canaan.
(c) Any person violating this section shall, in accordance with RSA 485:26, be guilty of a misdemeanor if a natural person or guilty of a felony if any other person.
(d) In accordance with the provisions of RSA 485:24, the health officer, the board of health, and the board of water commissioners of the town of Canaan and their duly authorized agents may act as agents of the department for the enforcement of this section in cooperation with the department.
(e) Where any provision of this section is in conflict with local ordinances, the more stringent provision shall apply.
(f) Any deviations from this section shall be by written consent of the department in accordance with Env-Ws 386.04. The provisions of this section shall not apply to employees of the board of water commissioners engaged in the performance of necessary duties for the protection and control of said lake.
(g) In addition to any prohibitions adopted by local ordinance, the prohibitions that apply in the Canaan Street Lake watershed described in (b), above shall be as follows:
(1) A person shall not build, continue or maintain a building or structure of any kind in which animals or fowl are kept, within 75 feet of Canaan Street Lake or within 75 feet of any inlet or tributary thereto;
(2) A person shall not permit wastes, or waters that have been used for washing or cleansing either materials, persons, or food, to run into said lake, or into any inlet or tributary thereto;
(3) A person shall not throw or deposit any dead animal, fish, or parts thereof, or any food or article perishable or decayable, or any dung either human or animal, into said lake, or permit any above wastes to remain within 75 feet of any inlet or tributary thereto, or on the ground surface within 75 feet of any inlet tributary thereto;
(4) A person shall not throw any sawdust or allow any sawdust to fall into said lake, or into any inlet or tributary thereto;
(5) A person shall not trespass, boat, bathe, swim, fish or carry on any activity whatever whether of recreational, occupational or other nature, in the waters or on the ice of Canaan Street Lake, south of a line about 1,200 feet northwest of the lake's southern most part, beginning at a point on the westerly shore at the center line of the road which exists adjacent to the present property line between the properties identified on tax map I-D as lots 38B and 39D, and extending across said lake to the stone jetty on the easterly shore on the property identified on tax map I-D as lot 56-1. The 2 extremities of such a line shall be properly marked by the local water works authority so that they can be readily identified and observed by the general public; and
(6) A person shall not throw, deposit or allow to remain upon the ice of the waters of said lake, or upon that of any inlet or stream tributary thereto, any matter, waste, or materials such as are described in (2), (3) and (4) above.
(h) The town of Canaan shall post a summary of the prohibitions contained in (g) above at all public access locations where persons might reasonably be expected to access Canaan Street Lake or its tributaries. This posted summary may also contain any prohibitions enacted by local ordinance.

N.H. Code Admin. R. Env-Ws 386.18

#6521, eff 6-4-97 (See Revision Note at chapter heading for Env-Ws 300); ss by #8360, INTERIM, eff 6-4-05, EXPIRED: 12-1-05; ss by #8500, eff 11-30-05